Assembly Bill A9167

2023-2024 Legislative Session

Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency when an arrested person or defendant is not a United States citizen; repealer

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A9167 (ACTIVE) - Details

See Senate Version of this Bill:
S8533
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §160.20, add §370.30, CP L; amd §70.15, rpld §70.15 sub 1-a, Pen L; rpld §28, Civ Rts L; rpld §4-a, §212 sub 2 ¶(aa), Judy L

2023-A9167 (ACTIVE) - Summary

Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency (ICE) when an arrested person or defendant is not a United States citizen; adjusts certain maximum sentences for class A misdemeanors and unclassified misdemeanors; repeals provisions of the "protect our courts act".

2023-A9167 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9167
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to requiring law
   enforcement  and  courts  to  notify the United States Immigration and
   Customs Enforcement agency when an arrested person or defendant is not
   a United States citizen; to  amend  the  penal  law,  in  relation  to
   adjusting  certain maximum sentences; and to repeal certain provisions
   of the penal law, the civil rights  law  and  the  judiciary  law,  in
   relation to repealing provisions of the "protect our courts act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.20 of the criminal procedure law, as amended by
 chapter 108 of the laws of 1973, is amended to read as follows:
 § 160.20 Fingerprinting; forwarding of fingerprints.
   (A) Upon the taking of fingerprints of an arrested person or defendant
 as prescribed in section 160.10 OF THIS ARTICLE, the appropriate  police
 officer  or  agency must without unnecessary delay forward two copies of
 such fingerprints to the division of criminal justice services.
   (B) IN THE EVENT THE ARRESTED PERSON OR  DEFENDANT  AS  PRESCRIBED  IN
 SECTION  160.10  OF  THIS ARTICLE IS NOT A CITIZEN OF THE UNITED STATES,
 THE POLICE OFFICER OR LOCAL LAW ENFORCEMENT AGENCY WHERE THE INTAKE  WAS
 PERFORMED  SHALL  FORWARD  COPIES  OF  SUCH  FINGERPRINTS AND ASSOCIATED
 REPORTS DETAILING THE  ARREST  TO  THE  UNITED  STATES  IMMIGRATION  AND
 CUSTOMS  ENFORCEMENT AGENCY. THE REQUIREMENT TO NOTIFY THE UNITED STATES
 IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY SHALL APPLY TO ALL POLICE AND
 LAW ENFORCEMENT AGENCIES WITHIN THE STATE OF NEW YORK.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 370.30 to read as follows:
 § 370.30 PROCEDURE FOR COURT NOTIFICATION.
   UPON  A  CONVICTION FOR A FELONY OR MISDEMEANOR THE COURT IN WHICH THE
 DEFENDANT WAS CONVICTED SHALL IMMEDIATELY NOTIFY THE UNITED STATES IMMI-
 GRATION AND CUSTOMS ENFORCEMENT AGENCY WHEN THE DEFENDANT IS NOT A CITI-
 ZEN OF THE UNITED STATES. SUCH REQUIREMENT SHALL APPLY TO  ALL  CRIMINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14426-01-4

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